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Real Estate Law

The Justice Mills Lawyer’s Relief Act of 2007 or Multiple Avenues of Appeal of a Comprehensive Permit Still Available.

Topics: Administrative Appeal; Zoning Appeal; Mootness; Housing Appeals Committee

Writing for the Appeals Court in Taylor v. Board of Appeals of Lexington, Justice Mills concluded that a G.L. c. 40A, §17 Superior Court Appeal of a grant of a comprehensive permit (G.L. c. 40B) by abutters did not become moot by a Developer appeal to the Superior Court of a Housing Appeal Committee (“HAC”) decision modifying the permit.

The decision ratifies the apparent statutory scheme allowing an appeal by a developer to the HAC, then further appeal of the HAC decision in Superior Court, while at the same time allowing abutter appeals of the ZBA decision directly to the Superior Court.

For the full text of the case click HERE.

[Read More]

From Meltzer BLawG Offices posted 2007-04-03.

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